18678. Misbranding of Vernas. U. S. v. 66 Small-Sized Packages, et al., of 
Vernas. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 26304.    I. S. Nos. 29888, 29889, 29890.    S. No. 4620.)
Examination of the labeling and composition of the drug product Vernas hav- 
ing shown that it was recommended as an antiseptic, whereas it was not anti- 
septic when used as recommended, also that it was labeled as possessing cura- 
tive and therapeutic properties which it did not possess, the Secretary of 
Agriculture reported the matter to the United States attorney for the Eastern 
District of Pennsylvania.
On April 28,1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 66 small-sized packages, 27 medium-sized packages, and 18 large-sized 
packages of the said Vernas, remaining in the original unbroken packages at 
Philadelphia, Pa., consigned by the Royal Sundries Corporation, New York. 
N. Y., alleging that the article had been shipped from New York, N. Y., on or 
about February 26, 1931, and had been transported from the State of New York 
into the State of Pennsylvania, and charging misbranding in violation of the 
food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of zinc chloride, volatile oils including clove oil, cassia oil, 
and peppermint oil, glycerin, alcohol (22 per cent by volume), and water. 
Bacteriological examination showed that the article was not antiseptic in the 
dilution recommended for the douche.
It was alleged in the libel that the article was misbranded in that the state- 
ments appearing on the carton, "Antiseptic * * * effective * * * for 
feminine hygiene," were false and misleading when applied to an article which 
was not antiseptic. Misbranding was alleged for the further reason that the 
following statements regarding the curative or therapeutic effects of the said 
article were false and fraudulent, since it contained no ingredient or combina- 
tion of ingredients capable of producing the effects claimed: (Carton) "Pro- 
motes Nose and Throat Health * * * Strengthens Spongy, Bleeding. 
Gums * * * Sores ** * Prophylactic;" (bottle) "BleedingGums * * * 
Sore Throat.-Gargle with Vernas full strength several times daily. (Make 
this a habit during winter and spring months as a preventative.) * * * 
Prophylactic;" (circular) "Imbedded germ colonies cannot escape the New 
Vernas. It goes deep down to destroy these disease breeding spots, which are 
constantly forming. * * * Stimulates your enzymes-tones your tis- 
sues * * * to fight Sore Throat * * * For Sore Throat. Sore throat 
is a danger signal that should never be neglected. A sore throat may be caused 
by a highly contagious disease like diphtheria * * * The New Vernas should 
be used as a gargle,    *    *   *   For Bleeding Gums and Mouth Infections." >   .
On May 22,1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
ABTHXTB M. HYDE, Secretary of Agriculture.